Bill Text: CA SB748 | 2011-2012 | Regular Session | Amended
Bill Title: State parks: Kings Beach State Recreation Area.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2012-01-31 - Returned to Secretary of Senate pursuant to Joint Rule 56. [SB748 Detail]
Download: California-2011-SB748-Amended.html
BILL NUMBER: SB 748 AMENDED
BILL TEXT
AMENDED IN SENATE JANUARY 4, 2012
INTRODUCED BY Senator Gaines
FEBRUARY 18, 2011
An act to amend Section 1749.85 of the Insurance Code,
relating to insurance add Section 5003.20 to the
Public Resources Code, relating to state parks .
LEGISLATIVE COUNSEL'S DIGEST
SB 748, as amended, Gaines. Insurance: replacement cost.
State parks: Kings Beach State Recreation Area.
Under existing law, the Department of Parks and Recreation is
required to operate, manage, and maintain units of the state park
system. Existing law regulates the sale of surplus state property.
This bill would authorize the Director of the Department of
Parks and Recreation to grant to the North Tahoe Public Utility
District, subject to specified conditions, all of the rights, title,
and interest of the State of California in approximately ____ acres,
known as Kings Beach State Recreation Area, in the County of Placer.
The bill would require that the real property conveyed be operated,
maintained, and improved by the North Tahoe Public Utility District
for public recreation purposes. The bill would require Attorney
General review and approval of the deposit of the net
proceeds from the transfer.
Existing law requires the Insurance Commissioner to appoint a
curriculum committee to develop prelicensing and continuing education
curriculum, as specified. Existing law required the curriculum
committee, in 2006, to make recommendations to the commissioner
regarding instructing specified broker-agents and applicants for
those broker-agent licenses in proper methods for estimating the
replacement value of structures and of explaining various levels of
coverage under a homeowners' insurance policy.
This bill would require the curriculum committee to make
recommendations to the commissioner regarding instructing specified
broker-agents and applicants for those broker-agent licenses in
proper methods for estimating the replacement cost of structures.
Existing law prohibits a person who is not an insurer,
underwriter, or actuary or other person identified by the insurer, or
a licensed fire and casualty broker-agent, personal lines
broker-agent, contractor, or architect from estimating the
replacement value of a structure, or explaining various levels of
coverage under a homeowners' insurance policy.
The bill would instead prohibit a person who is not an insurer,
underwriter, or actuary or other person identified by the insurer, or
a licensed fire and casualty broker-agent, personal lines
broker-agent, contractor, or architect from estimating the
replacement cost of a structure.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 5003.20 is added to the
Public Resources Code , to read:
5003.20. (a) Notwithstanding the provisions of Division 3
(commencing with Section 11000) of Title 2 of the Government Code
that relate to the disposition of state-owned real property, the
director may grant to the North Tahoe Public Utility District,
subject to the conditions set forth in this section, all of the
rights, title, and interest of the state in approximately ____ acres,
known as the Kings Beach State Recreation Area, in the County of
Placer.
(b) The grant is subject to all of the following conditions:
(1) The real property conveyed shall be operated, maintained, and
improved by the North Tahoe Public Utility District for public
recreation purposes in perpetuity, consistent with any covenants,
conditions, and restrictions in the deed transferring the property.
(2) The North Tahoe Public Utility District shall pay the
department fair market value, in accordance with mutually agreed upon
terms, for the real property conveyed and as restricted by paragraph
(1). The fair market value shall be determined by an appraisal that
is reviewed and approved by the Department of General Services.
(3) The net proceeds from the transfer shall be deposited pursuant
to Section 5003.15, with Attorney General review and approval.
(4) At the option of the state, the real property conveyed shall
revert to the state if the real property is not used for public
recreation purposes.
(5) The North Tahoe Public Utility District takes the property as
is and assumes responsibility for compliance with the Americans with
Disabilities Act of 1990, as amended (42 U.S.C. Sec. 12101 et seq.).
(c) The Legislature finds and declares that the transfer to the
North Tahoe Public Utility District of the real property described in
subdivision (a) and subject to the conditions specified in
subdivision (b) is excepted from the provisions of Section 5096.516
in accordance with paragraph (3) of subdivision (c) of Section
5096.516.
SECTION 1. Section 1749.85 of the Insurance
Code is amended to read:
1749.85. (a) The curriculum committee shall make recommendations
to the commissioner to instruct fire and casualty broker-agents and
personal lines broker-agents and applicants for fire and casualty
broker-agent and personal lines broker-agent licenses in proper
methods of estimating the replacement cost of structures, and of
explaining various levels of coverage under a homeowners' insurance
policy. Each provider of courses based upon this curriculum shall
submit its course content to the commissioner for approval.
(b) A person who is not an insurer underwriter or actuary or other
person identified by the insurer, or a licensed fire and casualty
broker-agent, personal lines broker-agent, contractor, or architect
shall not estimate the replacement cost of a structure, or explain
various levels of coverage under a homeowners' insurance policy.
(c) This section shall not be construed to preclude licensed
appraisers, contractors and architects from estimating replacement
cost of a structure.
(d) However, if the Department of Insurance, by adopting a
regulation, establishes standards for the calculation of estimates of
replacement cost of a structure by appraisers, then on and after the
effective date of the regulation a real estate appraiser's estimate
of replacement cost shall be calculated in accordance with the
regulation.
